The publication is reproduced in full below:
HELPING AMERICAN VICTIMS AFFLICTED BY NEUROLOGICAL ATTACKS ACT OF 2021
Mr. CASTRO of Texas. Mr. Speaker, I move to suspend the rules and pass the bill (S. 1828) to amend the Central Intelligence Agency Act of 1949 to authorize the provision of payment to personnel of the Central Intelligence Agency who incur qualifying injuries to the brain, to authorize the provision of payment to personnel of the Department of State who incur similar injuries, and for other purposes.
The Clerk read the title of the bill.
The text of the bill is as follows:
S. 1828
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Helping American Victims Afflicted by Neurological Attacks Act of 2021'' or the
``HAVANA Act of 2021''.
SEC. 2. AUTHORITY TO PAY PERSONNEL OF CENTRAL INTELLIGENCE
AGENCY FOR CERTAIN INJURIES TO THE BRAIN.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' mean--
(A) the congressional intelligence committees (as that term is defined in section 3 of the National Security Act of 1947
(50 U.S.C. 3003));
(B) the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate; and
(C) the Committee on Homeland Security and the Committee on Appropriations of the House of Representatives.
(2) Covered dependent.--The term ``covered dependent'' has the meaning given such term in subsection (d)(1) of section 19 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 3519), as added by subsection (b).
(3) Covered employee.--The term ``covered employee'' has the meaning given such term in section 19A(a) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 3519b(a)).
(4) Covered individual.--The term ``covered individual'' has the meaning given such term in section 19A(a) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 3519b(a)).
(5) Qualifying injury.--The term ``qualifying injury'' has the meaning given such term in subsection (d)(1) of section 19 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 3519), as added by subsection (b).
(b) Payment Authorized.--Section 19A of the Central Intelligence Agency Act of 1949 (50 U.S.C. 3519b) is amended by adding at the end the following:
``(d) Authority To Make Payments for Qualifying Injuries to the Brain.--
``(1) Definitions.--In this subsection:
``(A) Covered dependent.--The term `covered dependent' has the meaning given such term in subsection (a), except that the assigned duty station need not be in a foreign country.
``(B) Qualifying injury.--The term `qualifying injury' has the meaning given such term in subsection (a), except that the assigned duty station need not be in a foreign country.
``(2) Authority.--Notwithstanding any other provision of law but subject to paragraph (3), the Director may provide payment to a covered dependent, a covered employee, and a covered individual for a qualifying injury to the brain.
``(3) Limitations.--
``(A) Appropriations required.--Payment under paragraph (2) in a fiscal year may only be made using amounts appropriated in advance specifically for payments under such paragraph in such fiscal year.
``(B) Matter of payments.--Payments under paragraph (2) using amounts appropriated for such purpose shall be made on a first come, first serve, or pro rata basis.
``(C) Amounts of payments.--The total amount of funding obligated for payments under paragraph (2) may not exceed the amount specifically appropriated for providing payments under such paragraph during its period of availability.
``(4) Regulations.--
``(A) In general.--The Director shall prescribe regulations to carry out this subsection.
``(B) Elements.--The regulations prescribed under subparagraph (A) shall include regulations detailing fair and equitable criteria for payment under paragraph (2).''.
(c) Applicability.--Payment under subsection (d) of such section, as added by subsection (b) of this section, may be made available for a qualifying injury to the brain that occurs before, on, or after the date of the enactment of this Act as the Director of the Central Intelligence Agency considers appropriate.
(d) Reports.--
(1) Report on use of authority.--
(A) In general.--Not later than 365 days after the date of the enactment of this Act, the Director of the Central Intelligence Agency shall submit to the appropriate congressional committees a report on the use of the authority provided by section 19A(d) of such Act, as added by subsection (b) of this section.
(B) Contents.--The report submitted under subparagraph (A) shall include the following:
(i) A budget or spend plan for the use of the authority described in subparagraph (A) for the subsequent fiscal year.
(ii) Information relating to the use of the authority described in subparagraph (A) for the preceding year, including the following:
(I) The total amount expended.
(II) The number of covered dependents, covered employees, and covered individuals for whom payments were made.
(III) The amounts that were provided to each person described in subclause (II).
(iii) An assessment of whether additional authorities are required to ensure that covered dependents, covered employees, and covered individuals can receive payments for qualifying injuries, such as a qualifying injury to the back or heart.
(C) Form.--The report submitted under subparagraph (A) shall be submitted in classified form.
(2) Report on estimated costs for fiscal year 2023.--Not later than March 1, 2022, the Director shall submit to the appropriate congressional committees a report detailing an estimate of the obligation that the Director expects to incur in providing payment under section 19A(d) of such Act, as added by subsection (b) of this section, in fiscal year 2023.
(e) Regulations.--
(1) In general.--Not later than 180 days after the date of the enactment of this Act, the Director shall prescribe regulations required under section 19A(d)(4)(A) of such Act, as added by subsection (b) of this section.
(2) Notice to congress.--Not later than 210 days after the date of the enactment of this Act, the Director shall submit to the appropriate congressional committees the regulations prescribed in accordance with paragraph (1).
(f) Clarifying Amendment.--Section 19A(b) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 3519b(b)) is amended, in the subsection heading, by inserting ``Total Disability Resulting From'' before ``Certain Injuries''.
SEC. 3. AUTHORITY TO PAY PERSONNEL OF DEPARTMENT OF STATE FOR
CERTAIN INJURIES TO THE BRAIN.
(a) Definitions.--In this section:
(1) Definition of appropriate congressional committees.--The term ``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations, the Committee on Homeland Security and Governmental Affairs, and the Committee on Appropriations of the Senate; and
(B) the Committee on Foreign Affairs, the Committee on Homeland Security, and the Committee on Appropriations of the House of Representatives.
(2) Covered dependent.--The term ``covered dependent'' has the meaning given such term in subsection (i)(1) of section 901 of title IX of division J of the Further Consolidated Appropriations Act, 2020 (22 U.S.C. 2680b), as added by subsection (b).
(3) Covered employee.--The term ``covered employee'' has the meaning given such term in subsection (i)(1) of section 901 of title IX of division J of the Further Consolidated Appropriations Act, 2020 (22 U.S.C. 2680b), as added by subsection (b).
(4) Covered individual.--The term ``covered individual'' has the meaning given such term in subsection (i)(1) of section 901 of title IX of division J of the Further Consolidated Appropriations Act, 2020 (22 U.S.C. 2680b), as added by subsection (b).
(5) Qualifying injury.--The term ``qualifying injury'' has the meaning given such term in subsection (i)(1) of section 901 of title IX of division J of the Further Consolidated Appropriations Act, 2020 (22 U.S.C. 2680b), as added by subsection (b).
(b) In General.--Section 901 of title IX of division J of the Further Consolidated Appropriations Act, 2020 (22 U.S.C. 2680b) is amended--
(1) in subsection (f), by striking ``subsection (a) or
(b)'' both places it appears and inserting ``subsection (a),
(b), or (i)''; and
(2) in subsection (h)--
(A) in paragraph (1), by striking ``In general.--This section'' and inserting ``Adjustment of compensation provision.--Subsections (a) and (b)'';
(B) by redesignating paragraph (2) as paragraph (3); and
(C) by inserting after paragraph (1) the following new paragraph:
``(2) Other payment provision.--Payment under subsection
(i) may be made available for a qualifying injury (as defined in such subsection) that occurs before, on, or after the date of the enactment of the Helping American Victims Afflicted by Neurological Attacks Act of 2021.''; and
(3) by adding at the end the following new subsection:
``(i) Other Injuries.--
``(1) Definitions.--In this subsection:
``(A) Covered dependent.--The term `covered dependent' has the meaning given such term in subsection (e), except that the assigned duty station need not be in the Republic of Cuba, the People's Republic of China, or another foreign country.
``(B) Covered employee.--The term `covered employee' has the meaning given such term in subsection (e), except that the assigned duty station need not be in the Republic of Cuba, the People's Republic of China, or another foreign country.
``(C) Covered individual.--The term `covered individual' has the meaning given such term in subsection (e), except that the assigned duty station need not be in the Republic of Cuba, the People's Republic of China, or another foreign country.
``(D) Qualifying injury.--The term `qualifying injury' has the meaning given such term in subsection (e), except that the assigned duty station need not be in the Republic of Cuba, the People's Republic of China, or another foreign country.
``(2) Authority.--Notwithstanding any other provision of law but subject to paragraph (3), the Secretary of State or other agency head with an employee may provide payment to a covered dependent, a dependent of a former employee, a covered employee, a former employee, and a covered individual for a qualifying injury to the brain.
``(3) Limitations.--
``(A) Appropriations required.--Payment under paragraph (2) in a fiscal year may only be made using amounts appropriated in advance specifically for payments under such paragraph in such fiscal year.
``(B) Matter of payments.--Payments under paragraph (2) using amounts appropriated for such purpose shall be made on a first come, first serve, or pro rata basis.
``(C) Amounts of payments.--The total amount of funding obligated for payments under paragraph (2) may not exceed the amount specifically appropriated for providing payments under such paragraph during its period of availability.
``(4) Regulations.--
``(A) In general.--The Secretary or other agency head described in paragraph (2) that provides payment under such paragraph shall prescribe regulations to carry out this subsection.
``(B) Elements.--The regulations prescribed under subparagraph (A) shall include regulations detailing fair and equitable criteria for payment under paragraph (2).''.
(c) Reports.--
(1) Reports on use of authority.--
(A) In general.--Not later than 365 days after the date of the enactment of this Act, the Secretary of State and each other agency head that makes a payment under subsection (i) of section 901 of title IX of division J of the Further Consolidated Appropriations Act, 2020 (22 U.S.C. 2680b), as added by subsection (b) of this section, shall submit to the appropriate congressional committees a report on the use of the authority provided by such subsection (i).
(B) Contents.--Each report submitted under subparagraph (A) shall include the following:
(i) A budget or spend plan for the use of the authority described in subparagraph (A) for the subsequent fiscal year.
(ii) Information relating to the use of the authority described in subparagraph (A) for the preceding year, including the following:
(I) The total amount expended.
(II) The number of covered dependents, covered employees, and covered individuals for whom payments were made.
(III) The amounts that were provided to each person described in subclause (II).
(iii) An assessment of whether additional authorities are required to ensure that covered dependents, covered employees, and covered individuals can receive payments for qualifying injuries, such as a qualifying injury to the back or heart.
(C) Form.--The report submitted under subparagraph (A) shall be submitted in classified form.
(2) Reports on estimated costs for fiscal year 2023.--Not later than March 1, 2022, the Secretary of State and each other agency head that makes a payment under subsection (i) of section 901 of title IX of division J of the Further Consolidated Appropriations Act, 2020 (22 U.S.C. 2680b), as added by subsection (b) of this section, shall submit to the appropriate congressional committees a report detailing an estimate of the obligation that the Director expects to incur in providing payment under such subsection (i) in fiscal year 2023.
(d) Regulations.--
(1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State and each other agency head that makes a payment under subsection
(i)(2) of section 901 of title IX of division J of the Further Consolidated Appropriations Act, 2020 (22 U.S.C. 2680b), as added by subsection (b) of this section, shall prescribe regulations required under subsection (i)(4)(A) of such Act.
(2) Notice to congress.--Not later than 210 days after the date of the enactment of this Act, the Secretary of State and the agency heads described in paragraph (1) shall submit to the appropriate congressional committees the regulations prescribed in accordance with paragraph (1).
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from Texas (Mr. Castro) and the gentleman from Texas (Mr. McCaul) each will control 20 minutes.
The Chair recognizes the gentleman from Texas (Mr. Castro).
General Leave
Mr. CASTRO of Texas. Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days in which to revise and extend their remarks and include extraneous material on S. 1828.
The SPEAKER pro tempore. Is there objection to the request of the gentleman from Texas?
There was no objection.
Mr. CASTRO of Texas. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in strong support of S. 1828, the HAVANA Act of 2021, and I urge my colleagues to support its passage.
America's diplomats and intelligence professionals are the best in the world, dedicating their lives to public service to protect the American people and promote the interests of the United States.
As citizens, we are in their debt. As lawmakers, we also have a responsibility to protect their health and safety, making sure that they have the resources they need to do their jobs effectively and providing them with the necessary support if they are harmed in the line of duty.
That is why the HAVANA Act is such a critical piece of legislation. The incidents behind the so-called Havana syndrome are still under investigation and have affected American personnel at U.S. missions around the world, from Cuba, where the incidents first surfaced, and then reportedly to China, Europe, Central Asia, and even potentially here in Washington, D.C. It is imperative that the State Department, working in conjunction with the intelligence community, the Department of Defense, and other interagency partners and allies, get to the bottom of what caused these events, how best to deter them from happening in the future, and how best to protect our people.
While I am confident that the Biden administration is working hard to advance these investigations, Congress must also do its part, especially when it comes to helping those who have been directly impacted.
The HAVANA Act ensures that the United States' diplomats and intelligence professionals are appropriately taken care of and compensated for injuries they incurred in connection with these events, fixing an important gap in existing law. I am very glad this important legislation will provide necessary supplemental funds to those who have been affected while in no way touching on any other benefits that come with Federal employment. This is a good, bipartisan measure, and I commend our Senate colleagues, especially Senators Collins and Mark Warner, for sending it over to us in the House today.
The HAVANA Act, which the Senate unanimously passed, is the companion to legislation that Chairman Adam Schiff introduced alongside Chairman
Gregory Meeks. As the only Democratic Member who serves on both the Permanent Select Committee on Intelligence and the Committee on Foreign Affairs, I deeply appreciate the contributions and sacrifices of our diplomats and intelligence professionals who are working hard to defend our national security.
Mr. Speaker, I urge my colleagues to support the HAVANA Act, and I reserve the balance of my time.
{time} 1430
Mr. McCAUL. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, around the world, America and American personnel are being attacked in their homes, in hotels, and even on public streets. For most, it starts with what seems like a loud noise that is followed by pain or a sense of pressure in the head. Many are left with chronic damage, including hearing loss, vertigo, cognitive and motor impairment, severe headaches, and inability to sleep.
In the words of a recent press report, our diplomats are suffering a
``concussion without a concussion.''
The Senate-passed bill before us today provides important authority to assist these brain injury victims, and it deserves our unanimous support. But we all must do more.
Unfortunately, these attacks have continued and spread. First, it started in Havana in late 2016 and spread to China in 2017. Two months ago, press reports described more than 130 possible cases all over the world, including right here in Washington, D.C. Just last week, two dozen new cases among U.S. personnel in Vienna were revealed. Simply put, this is kind of scary stuff.
The people who serve our Nation overseas are generally worried for themselves and their families, and they need to know that we have their backs. When the prior administration pulled our personnel out of Havana 4 years ago, they said: ``Numerous Embassy Havana employees have been targeted in specific attacks. These employees have suffered significant injuries as a consequence of these attacks.''
In contrast, President Biden has refused to call these what they are, attacks on U.S. personnel. Secretary of State Tony Blinken publicly said perhaps no one is responsible for causing these injuries.
I will tell you, from my briefings and briefings in another annex, that is absolutely incorrect. We may not be able to fill in all the blanks yet, but we know too much to dismiss these attacks as unexplained health incidents.
Four years ago, medical experts convened by the State Department agreed victims were likely dealing with brain trauma from a nonnatural source, and the evidence has only grown more conclusive since then. Last year, the National Academy of Sciences said that directed, pulsed radio frequency energy is most likely the cause. According to the NAS, the situation raises grave concerns about bad actors who may have weapons.
While we must assist victims with today's bill, we must do more. We must call these heinous attacks what they are. They are attacks, and the people attacking us need to know the consequences will be severe when we find out who they are and when we get the attribution. Otherwise, we aren't doing what we can do to deter future attacks. The men and women who serve our Nation overseas deserve no less.
I have prepared a bill to do just that, which I will be introducing this week.
I thank Chairman Meeks and our Intelligence Committee colleagues for their bipartisan work on the HAVANA Act, which I strongly support.
Mr. Speaker, I reserve the balance of my time.
Mr. CASTRO of Texas. Mr. Speaker, I yield 3 minutes to the gentleman from California (Mr. Schiff), the chairman of the House Permanent Select Committee on Intelligence.
(Mr. SCHIFF asked and was given permission to revise and extend his remarks.)
Mr. SCHIFF. Mr. Speaker, I rise in strong support of the HAVANA Act.
I was proud to introduce this legislation in the House, and I appreciate the continued support from Ranking Member Nunes, Chairman Meeks, and Ranking Member McCaul in moving this legislation through the House and to the President's desk.
Every day, thousands of patriotic Americans serve our country abroad, representing our values and interests across the globe. They are diplomats, soldiers, intelligence officers, and more. But we must never forget they are also mothers and fathers, sisters and brothers, and sons and daughters who routinely make tremendous personal sacrifices in service of their country.
In return for their service to our Nation, we have a sacred responsibility to make sure that we take care of them. That is what this bill does.
Over the past several years, public servants from the intelligence community and elsewhere have experienced symptoms of unknown origins. These cases, which have been described as Havana syndrome or anomalous health incidents, named for the cohort whose symptoms onset in Havana, remain a mystery.
But two things are clear. First, we must spare no effort to identify their source and to hold anyone responsible accountable. Second, we must ensure that those who are injured receive the highest quality of care and the benefits that they need as they recover.
The HAVANA Act does just that. It would adjust and expand the authority we gave to the intelligence community and the State Department in 2019 to provide compensation for those experiencing these injuries to also include those suffering from traumatic brain injuries. Members of both parties have united behind this critical legislation to provide benefits to afflicted individuals.
Even as we pass this legislation, our work is not done. On a bipartisan basis, the Intelligence Committee has continued to provide vigorous oversight of how individuals experiencing these health incidents were treated and how they are being treated today. We will continue to prioritize this issue and put our people first.
Mr. Speaker, I thank my colleagues, Mr. Castro and Mr. McCaul, for their efforts.
Mr. McCAUL. Mr. Speaker, I yield such time as he may consume to the gentleman from California (Mr. Nunes), the ranking member of the Permanent Select Committee on Intelligence and the coauthor of the House version of this bill.
Mr. NUNES. Mr. Speaker, I thank the gentleman from Texas for his work on this bill and my colleagues on the Senate side and the House side.
I rise in strong support of this legislation. When intelligence community officers risk their health and safety in service of their country, they need to know they will receive the full support of the United States Government if they are injured. That assurance is crucial for the officers' ability to carry out their missions.
As the public now knows, our officers have been the victims of targeted attacks around the globe. I want to say upfront that these incidents are real, and the officers' accounts are credible.
Victims have described the sudden onset of symptoms, such as intense head pressure, dizziness, vertigo, and cognitive difficulties. Some incidents have resulted in traumatic brain injuries, debilitating pain, and other serious health issues. Many victims continue to experience chronic health problems and require sustained treatment.
Over the past several months, we have been looking into these incidents. In my view, there are three objectives. The first is to determine the best way to help these officers and their families. The second is to find out who is perpetrating these attacks. The third is to conduct strong oversight of our agencies and make the necessary changes to achieve the first two objectives. That will require vigorous effort, but I am committed to uncovering the truth.
The bill we are considering today takes important steps to assist the victims of these attacks and ensure that our people will be compensated for their brain injuries. It builds on legislation we passed last Congress to improve worker's compensation for certain personnel and their dependents.
Some have called the legislation technical, which it is, but it is, nevertheless, vital. Patriotic Americans serving to promote and protect our freedoms deserve our gratitude and full support.
The Senate has already passed this bill by unanimous consent. I fully support it, and I urge my colleagues on both sides of the aisle to do the same.
Mr. CASTRO of Texas. Mr. Speaker, I have no further requests at this time, and I reserve the balance of my time.
Mr. McCAUL. Mr. Speaker, I am prepared to close, and I yield myself such time as I may consume.
First, I thank the chairman of the House Intelligence Committee and the ranking member, Mr. Nunes, for their strong support of this bill. It is very important.
I will be introducing a bill next week on this, and I hope to work with the House Intelligence Committee on that as well.
I am very concerned the administration may be planning to send U.S. personnel back to our Havana Embassy. I just got off of a big rally across the street from the White House with a lot of Cubans. They are searching for freedom and democracy over tyranny, oppression, and communism.
But our personnel, we can't send them back until we can say who or what caused these brain injuries that prompted the Trump administration to pull our people out of there for their own safety in 2017.
Over these last few weeks, the world has watched Cuba's brutal police state in action. The Venezuelan military is there as well, silencing people just for exercising freedom of speech, which they don't have under a communist dictatorship.
The same surveillance system that tracks dissidents and censors the internet has been unwilling to share necessary information about these attacks against Americans. I have no doubt that Cuban intelligence is involved in this.
If the administration sends U.S. personnel back to Havana without holding the regime accountable, all American diplomats are at risk.
Again, I support this bipartisan HAVANA Act. I urge my colleagues to support it as well. I think these men and women, both State Department diplomats and our intelligence officers, deserve better from our Nation. They need to receive the proper care that they deserve.
Again, I thank Chairman Meeks and the Intelligence Committee, and I look forward to its passage.
Mr. Speaker, I yield back the balance of my time.
Mr. CASTRO of Texas. Mr. Speaker, I yield myself as much time as I may consume for the purpose of closing.
Mr. Speaker, I believe it is imperative that we, as the elected representatives of the American people, working with the executive branch, get to the bottom of exactly who is behind these events, why they are occurring, and how to stop them.
But we must also make sure to do our part to take care of the public servants who put themselves on the line every day for our own interests.
I want to say thank you to the President, to the Secretary of State, and to the State Department for taking these cases seriously, for listening to the families and all the trauma that they have gone through, and for showing them nothing but the utmost respect.
This bill is an excellent contribution to this effort, and I look forward to working on a bipartisan basis on this critical issue going forward.
I thank Chairman Schiff for his hard work, and I ask all of my colleagues to support this bill.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the gentleman from Texas (Mr. Castro) that the House suspend the rules and pass the bill, S. 1828.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds being in the affirmative, the ayes have it.
Mr. BIGGS. Mr. Speaker, on that I demand the yeas and nays.
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution 8, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this motion are postponed.
____________________
SOURCE: Congressional Record Vol. 167, No. 130
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